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Lawyer advising on bank licensing procedures before BaFin and the ECB

Applying for a German Banking licence/authorisation (ECB/BaFin) – legal support

From the legal analysis of the business model to the drafting of client terms and conditions and communication with BaFin and the ECB – German lawyers guide you through the entire process.

Are you planning to apply for a German banking licence under the German Banking Act (KWG)? As specialised lawyers, we structure your project – from the legal analysis of the business model to the drafting of client terms and conditions and essential outsourcing agreements, through to communication with BaFin/ECB via the IMAS portal.

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Institutions from the US, Japan or Australia should also refer to this article.

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Our services – German banking licence (KWG)

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Modular or “end-to-end” – Kronsteyn supports you from the legal analysis through to the final authorisation.

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  • Legal analysis of the business model
    Legal structuring, classification of banking transactions/financial services, red-flag analyses.

  • Strategy & structure
    Full vs. partial banking licence, group structures, holding company, outsourcing (details).

  • Documents & client terms
    Client GTCs, compliance manual, AML concepts, policies.

  • Managing directors – Fit & Proper
    Profiles, roles, time allocation, preparation for supervisory follow-up questions.

  • BaFin/ECB & IMAS
    Submission, response management, ongoing communication with supervisors.

  • Project management
    Timetable, checklists, quality assurance, handling of additional submissions.

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We assess whether your business model requires a banking licence under the KWG or whether a WpIG licence for investment firms, a ZAG authorisation for payment institutions, or a MiCAR approval for crypto-asset services is applicable.

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Kick-off & scoping: Products, target markets, client groups, and delineation from WpIG/ZAG/MiCAR.

Governance & capital: Group structure, management functions, outsourcing, capital.

Compliance and client documents: Client T&C, outsourcing agreements, manuals.

Application documents & submission: Drafting/reviewing and filing with BaFin/ECB.

Review & authorisation: Handling of inquiries and additional submissions until the formal decision.

Your path to obtaining a German banking licence

Distinction between the German banking licence and other licences: KWG vs. WpIG, ZAG and MiCAR

Documents for the German banking licence application (BaFin/ECB)

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  • Identity, shareholders (qualified holdings), organisational chart

  • Managing director profiles, responsibilities, time allocation

  • Activity programme, business plan, profit/liquidity planning

  • Organisation, internal controls, AML/CFT, compliance manual

  • IT/resilience (DORA), outsourcing (drafts/contracts)

  • Capital evidence, source of funds, audit mandate

 

Note: The level of detail and scope depend, among other things, on CRR status and the business model.

FAQ on the German banking licence procedure

Let’s discuss your banking licence

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Planning to apply for a German banking licence? We clarify structure, documentation and the most efficient path to obtaining authorisation. Your contact: Lawyer Dr Hendrik Müller-Lankow.

Contact

Hendrik Müller-Lankow, Lawyer for a German banking licence
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German and EU Qualified Lawyer

LL.M. (UCL)

+49 69 2013 5770

mueller-lankow@kronsteyn.law

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